HEMCHANDRA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ application has been filed claiming compensation for killing one Dulal Kalita (the brother of the petitioner) by the Police personnel on 23/5/1995 at village Mampara under Chhaygaon police station. Dulal Kalita was a graduate and he was studying LL.B. at Goalpara College. He was aged about 28 years at the time of death. At the time of his death he left his old parents and other members of the family including the petitioner. It is stated in this writ application that Dulal Kalita was killed by the police personnel in a brutal manner and it is stated that it is a cold blooded murder and it is further stated that after Dulal Kalita was injured at the police firing no adequate treatment was given and as a result Dulal Kalita died. It is alleged that the killing of Dulal Kalita is in violation of human rights and it is also violative of Article 21 of the Constitution of India. Two prayers have been made in this writ application:- (i) To appoint a commission of inquiry under the appropriate Act and to hold an inquiry into the incident of killing of Dulal Kalita. (ii) To pay a sum of Rs.5,00,000/- (Five Lakhs) to the members of the family of deceased Dulal Kalita as compensation for the brutal killing of Dulal Kalita by police personnel.

(2.) At the time of argument the prayer No. 1 was not pressed and accordingly I am not considering that aspect of the matter. The learned District Judge, Kamrup at Guwahati was asked to hold an inquiry and accordingly the inquiry report was submitted on 17th of May/96 by the learned District Judge. The following witnesses were examined:- P. W. 1, Dr. H. Medhi. P.W.2. Shri Ratna Mahanta, P. W.3 Shri Nripen Das, P. W.4 Shri Dinesh Das, P.W.5. Shri Nagen Das, P.W.6. Nagen Sarma, P. W.7, Chitra Das, P.W.8. Shri Hem Chandra Kalita (the petitioner) P.W.9. Dr. R. Thengal and P.W. 10, Dr. H.K. Mahanta, D.W. 1 Taiyab Ali Gaonburah, D. W.2 Shri Surya Kanta Das, D.W.3. Babul Chandra Das, D. W.4, Deepak Basumatary, D.W.5. Tosheswar Phukan, D.W.6. Asgar Ali, D.W.7 Pabitra Kumar Baishya, P.W.8, Shri Udoy Kumar Baruah, D. W.9, Fazlul Haque Khan, and D.W. 10, Dr. A.K. Sinha. One registered expert was examined by the Court as Court witness. A number of documents were exhibited before the learned District Judge. The learned District Judge in Paragraph-5 of the report found as follows:-

(3.) It is an admitted position that Dual Kalita was a member of ULFA, a banned organisation and it is also admitted that he was the president of the Kamrup District Committee of ULFA. It is also an admitted position that Dulal Kalita along with Ramani Kalita, the Secretary of Kamrup unit of ULFA was speeding away in a Motor-Cycle and when the police asked to stop them, they did not stop and the police chased them. Thereafter they kept the motorcycle by the side of the road and tried to run away, but at that time also police was chasing them. Ramani Kalita could not be apprehended But Dulal Kalita according to the police version was apprehended and he was shot at not by police but by his colleague Ramani Kalita.